Research Handbook on Patent Law and Theory
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Research Handbook on Patent Law and Theory

Second Edition

Edited by Toshiko Takenaka

This significantly updated second edition of the Research Handbook on Patent Law provides comprehensive coverage of new research for patent protection in three major jurisdictions: the United States, Europe and Japan.
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Chapter 12: Resolving patent disputes in a global economy

Rochelle C. Dreyfuss

Abstract

This chapter discusses the mismatch between the global nature of patent exploitation and the territoriality of patent enforcement. Despite the increase in global trade in patented goods, it remains unclear how to bring finality to global disputes and avoid fragmented adjudication in multiple courts, inconsistent judgments and over- or under-enforcement. The chapter begins by considering various attempts litigants have made to use traditional legal practices to alleviate the problems posed by the territoriality of patent law extraterritorial application of local law, consolidation of foreign and domestic claims, and private agreements. It ends with a description of the alternative mechanisms available to national authorities: deep harmonization or an agreement on a procedural framework for coordinating multinational litigation and judgment recognition.

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